Historic service charges can sometimes be revisited, but there is no single universal deadline. Section 20B’s 18-month rule limits when a landlord may demand certain costs; it is not an 18-month deadline for a leaseholder to challenge. Tribunal jurisdiction, the effect of payment and any separate repayment claim must be assessed on their own facts.
Do not treat 18 months or six years as an automatic answer. Identify what happened, what remedy is sought and when any cause of action arose. Act promptly because delay can affect evidence, limitation and practical recovery.
It helps to understand that there are two different positions a leaseholder can be in when challenging a service charge:
This is the stronger position. You can apply to the First-tier Tribunal under Section 27A of the Landlord and Tenant Act 1985 for a determination that the charge is unreasonable before you pay it. If the Tribunal agrees, you are not required to pay the disputed amount.
Payment does not automatically amount to agreement under section 27A, but a historic determination or repayment claim can involve jurisdiction, limitation, waiver, admission and procedural questions. Obtain legal advice before assuming that a paid amount can be recovered.
Section 20B of the Landlord and Tenant Act 1985 contains an important limitation: a landlord generally cannot recover a service charge cost incurred more than 18 months before the demand is served, unless they have notified the leaseholder in writing within 18 months of incurring the cost that it will be recharged.
This rule addresses the landlord’s timing for recovery of costs:
Practical implication: Compare the date the landlord incurred the cost, the date of any section 20B notice and the date of the demand. Separately, act promptly on any intended challenge and take advice on the applicable procedure and time limit.
Six years is a common limitation period for certain claims founded on simple contract or restitution, but the correct classification and accrual date require legal analysis. A tribunal determination about payability and a court claim seeking repayment are not necessarily the same proceeding.
Accordingly, being within six calendar years of a payment does not prove that it is recoverable, while other legal routes may operate differently. Obtain advice on significant historic sums.
Record each demand, payment, credit and relevant communication.
Payability, reasonableness, breach of lease and repayment may involve different routes.
Keep the lease, demands, accounts, invoices, correspondence and proof of payment.
Obtain case-specific advice rather than calculating from a website headline.
To challenge historical service charges, you need the accounts. Under Section 22 of the Landlord and Tenant Act 1985, you have the right to inspect accounts, receipts, and supporting documents for the previous accounting year. For older years, the position is more nuanced.
LAFRA 2024 contains enhanced rights to request service-charge information going back six years, but the government said in July 2026 that it plans to commence this measure as soon as possible in 2027. Do not present that future right as already available. Existing Section 21 and 22 rights are narrower and time-sensitive.
You may also ask voluntarily for older records, but do not describe the current section 21 and 22 framework as a general six-year disclosure right. Record any refusal and obtain advice about the appropriate next step.
Overcharging is rarely a one-off event. The same inflated insurance commission recurs every year. The same excessive management fee appears in every set of accounts. The same cleaning contract that is £200/month above market rate has been running for five years.
A multi-year audit does three things a single-year audit cannot:
LeaseScan’s Deep Audit covers three years of accounts to identify patterns and evidence gaps. It does not promise that any flagged amount will be repaid.
Our Deep Audit covers three years of accounts, identifies cumulative overcharges, and builds the evidence base for the strongest possible challenge.
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A few situations can complicate the picture:
Fixed and variable charges may engage different statutory provisions and lease terms. Limitation can also depend on the cause of action and whether a deed is legally relevant. Seek specialist advice rather than assuming a six- or twelve-year period from the charge label alone.
If you signed a deed of variation to your lease at any point that confirmed or accepted past service charge figures, that may limit your ability to challenge those specific years. Review any documents you have signed carefully.
Former leaseholders who have sold their properties generally cannot bring new claims relating to service charges from the period of their ownership, as the right to challenge transfers with the lease on sale. There are exceptions where claims were already in progress, but this is a complex area.
If historic charges concern you, preserve the evidence and clarify the correct legal route promptly:
Remember: Time limits are remedy-specific. Acting promptly is sensible, but this guide cannot calculate the deadline for an individual case.